If you are injured due to a healthcare provider’s negligence, you
may be entitled to file a medical malpractice claim against the healthcare
provider and other parties, including the hospital where you received
care. By initiating litigation, you are asking a judge or jury to review
your case and make a determination regarding whether the healthcare provider
and other defendants are liable for your injuries. If the defendants are
found liable, you are also asking the judge or jury to make a determination
regarding the monetary award you should receive in order to compensate
you for your injuries and losses.
60 percent of medical malpractice claims settle out of court.
However, prior to the court ruling on your medical malpractice case, you
may also have the option of entering an
out of court settlement with one or more defendants. An out of court settlement is an agreement
between parties which resolves legal disputes before the court issues
a final decision. According to a report published by the Harvard School
of Public Health, approximately 60 percent of all medical malpractice
lawsuits are resolved through out of court settlements, rather than by
a judge or jury at trial.
An out of court settlement may be reached at any point during the lifespan
of a medical malpractice case. However, out of court settlements are usually
finalized during the later stages of a medical malpractice lawsuit. This
is because the information gleaned through the pre-trial process, including
the court’s ruling on preliminary motions and evidence collected
during the discovery process, can be helpful during the out of court settlement
An experienced attorney can determine whether entering a settlement agreement
is right for you.
If you file a medical malpractice claim, your attorney can help you decide
whether an out of court settlement is the best way to resolve your case.
In order to do so, your attorney will have to consider several factors,
Whether the defendant(s) is amenable to an out of court settlement. In
some case, medical malpractice insurers require healthcare professionals
that face allegations of negligence to proceed to trial.
What the likely out of court settlement award would be.
The estimated length and cost of litigating the medical malpractice case to trial.
The likelihood of prevailing at trial.
What the likely court judgment would be if the case prevailed at trial.
The answer to these questions could change at various points during the
lifespan of your medical malpractice claim. As such, your attorney will
have to use their knowledge and expertise in order to determine the best
timing for negotiating and entering into a settlement agreement.
If you or a loved one have been injured as a result of medical negligence,
you should contact an attorney immediately. An attorney can review the
facts of your case and provide you with advice and guidance regarding
the best course of action and how to receive the compensation you deserve.